The persistent pace of development in wireless communications technology continues to add to the capability and functionality of mobile communications devices. Mobile communications devices now allow device users to transmit and receive voice, data, pictures, and even video using the radio-frequency spectrum rather than more conventional fixed, physical connections of metal wire or fiber optic cable. Advances in wireless communications technology, accordingly, have provided tremendous flexibility as to where and when mobile device users can transmit and receive various forms of information.
Continuing improvements in wireless communications are expected to further add to the capability and functionality of mobile communications devices. Current mobile communications devices are able to transmit and receive at relatively low rates, around 100 kbps, over second-generation (2G) networks using various digital encoding protocols, such as the Global System for Mobile communications (GSM) protocol, the Digital-Advanced Mobile Phone Service (D-AMPS) protocol, a time division multiple access (TDMA) protocol, and a code division multiple access (CDMA) protocol. Mobile communications devices, meanwhile, are becoming ever more sophisticated, with many such devices having the capability to provide high-resolution displays and to perform as integrated cameras. Many experts believe that in the near future mobile communication devices will be able to receive and transmit at broadband speeds around 2 mbps, and even greater speeds with the eventual adoption of fourth-generation (4G) devices. Such devices are expected to be able to transmit and receive not only pictures, but high-speed video and high-fidelity audio as well.
Despite the undeniable benefits conferred by such advances in mobile communications devices, they also give rise to a new challenge, namely, how to adequately protect content providers like producers of concerts and plays, sponsors of sporting events, and performing musicians. These content providers face the risk that an enhanced-capability mobile device can be used as a medium to widely broadcast, for example, a sporting event or concert without the consent of the content provider. As yet, there are no effective ways to mitigate this risk.
Conventional technology further fails to fully provide opportunities for content providers to capture the gains that could otherwise be generated by wireless communications devices having enhanced capabilities. Content providers who would not want a mobile device user to use the device to impermissibly broadcast content such as video images or audio signals relating to a sporting event or concert might nonetheless welcome the chance to charge a fee for such a broadcast. With fourth-generation (4G) devices and networks, consumers might be equally eager to transmit and receive broadcasts of such content, especially since such devices and networks are likely to have the capability to transmit and receive high-fidelity audio as well as broadcast video. Few if any mechanisms yet exist, however, that would allow content providers and potential consumers of content to efficiently allocate property rights governing the transmission and receipt of content via wireless communications devices.